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NOMA LITES v. LAWN SPRAY

No. 326, Docket 23618.

222 F.2d 716 (1955)

NOMA LITES, Inc., Plaintiff-Appellee, v. LAWN SPRAY, Inc. and Walter H. Steiner, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 20, 1955.

Attorney(s) appearing for the Case

Morris Kirschstein, New York City (David B. Kirschstein, New York City, on the brief), for plaintiff-appellee.

Asher Blum, New York City (Mock & Blum, New York City, on the brief), for defendants-appellants.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.

PER CURIAM.

The preliminary injunction here granted, D.C., 130 F.Supp. 124, is valid. The defendants' advertising and packaging of their product is so similar to the material used by the plaintiff for its product as to entitle the plaintiff under state law to protection even without a preliminary showing of secondary meaning. Santa's Workshop, Inc. v. Sterling, 282 App.Div. 328, 122 N.Y.S.2d 488; Notaseme Hosiery Co. v. Straus...

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